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Due August 2007
This book's ambitious project is the reconceptualising of law and adjudication. Richard Tur's major contribution to legal theory tackles two ideas central to the field: (1) the notion of a recourse role: (2) the idea of rules of law as presumptive or defeasible,at least in some circumstances and always for good, even compelling, reasons.
The first notion may be considered as an alternative to two extremes in legal thinking: at one end of the spectrum 'legalism' and, at the other, 'anarchism'. This book demonstrates how both extremes are equally unreal and dependent on an inept conception of what 'rules' are and of what 'acting in accordance with a rule' might be.
Through this analysis, the author develops a reworked jurisprudence - a different concept of law.